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VETERANS’NON-SERVICECONNECTEDPENSIONHelping Older Persons with Legal &Long-Term Care Problems1. Which Veterans Are Eligible For A VA Non-Service Connected Pension?A VA Nonservice-Connected (NSC) pension is a needs-based program foundedon wartime service and the Veteran having a NSC disability, or age 65, and low networth. Though eligibility is based on individual financial need and claims are decided ona case-by-case basis, there are several criteria that must be met:1) The Veteran must meet one of the following age or disability criteria for anImproved NSC Pension:a) Age 65 or older, orb) Have a permanent and total non-service connected disability, that is not theresult of his willful misconduct, that will continue throughout the Veteran'slifetime and prevents the Veteran from sustaining employment, orc) Reside in a nursing home, ord) Receive Social Security Disability benefits.2) The Veteran must also meet certain service requirements:a) The Veteran must not have been dishonorably discharged; andb) Must have served at least 90 days of active duty,c) with 1 active duty day during a period of wartime.3) Financially, the Veteran must be of limited net wortha) Net worth is defined as annual countable family income plus assets. [1]Pro Seniors, Inc.ProSeniors.orgPage 1 of 9

2. Is There A VA NSC Survivor’s Pension?Yes. The NSC Survivors Pension benefit, which is sometimes referred to as aDeath Pension, is a tax-free monetary benefit payable to a low net worth, un-remarriedsurviving spouse and/or unmarried child(ren) of a deceased Veteran with wartimeservice.Specifically, the deceased Veteran’s discharge and service requirements in #1 aboveremain the same and:1) The surviving spouse must remain unmarried; and/or2) The surviving unmarried children of the deceased Veteran are either:a) under 18 years of age,b) became permanently "helpless" before 18 years of age, orc) are between the ages of 18 and 23 and are in the process of pursuing acourse of study at an approved institution such as college or vocationalschool.3) Financially, the Veteran’s survivor must be of limited net worthNote that if the deceased Veteran entered active duty after Sept. 7, 1980, she musthave served at least 24 months of active-duty service. If the length of service was lessthan 24 months, the Veteran must have completed her entire tour of active duty. [2]3. What Wartime Periods Are Recognized For Pension Benefits?The following are recognized as wartime periods for pension benefits eligibility: World War II (December 7, 1941, to December 31, 1946) Korean conflict (June 27, 1950, to January 31, 1955) Vietnam War era (February 28, 1961, to May 7, 1975, for Veterans who served inthe Republic of Vietnam during that period. August 5, 1964, to May 7, 1975, forVeterans who served outside of the Republic of Vietnam.) Gulf War (August 2, 1990, through a future date to be set by law or presidentialproclamation). [3]Pro Seniors, Inc.ProSeniors.orgPage 2 of 9

4. How Is My Net Worth Calculated?While some assets are excluded, including but not limited to the Veteran’s home,cars and personal property, the remaining assets and annual countable income arecombined, minus any debt you owe, to determine your net worth. The net worth limit toqualify for a Veterans NSC Pension as of December 1, 2020, is 130,773. This figureincreases annually by the same percentage as Social Security cost-of-living increases.Even If your net worth is under the qualifying limit, your needs-based pension claim maystill be denied based on your individual financial situation. However, the VA is knownnot to deny "net worth" under 80,000. If your net worth is more, you may have toexplain why it is not enough to provide adequate maintenance of your reasonablelifestyle.In determining whether some part of your assets should be consumed for yourmaintenance, the VA will consider your income, together with the following factors:whether some assets can be readily converted into cash at no substantial sacrifice; thecost of living for your area; your ability to dispose of property as limited by communityproperty laws; life expectancy; and potential rate of depletion, including for unusualmedical expenses.Note that when you file your pension claim, the VA will look back three years at yourfinances to see if you transferred assets for less than fair market value to becomeeligible for a VA Pension. If so, you may be subject to a penalty period of up to 5 yearsduring which you won’t be eligible for pension benefits. [4]5. Is There A Maximum Annual Pension Rate (MAPR)?Yes. In addition to the NSC Pension applicant's "net worth" not providingadequate maintenance of the applicant, the applicant's "countable income" must bebelow the Maximum Annual Pension Rate (MAPR). [5]You are a Veteran who qualifies for a Pension and . . .Max MAPR – Max MAPR –No Dependents 1 DependentYou don’t qualify for Housebound orAid and Attendance benefits 13,931 18,243You qualify for additional Housebound benefits 17,024 21,337You qualify for additional Aid and Attendance benefits 23,238 27,549Pro Seniors, Inc.ProSeniors.orgPage 3 of 9

You are a surviving spouse who qualifiesfor a Pension and . . .You don’t qualify for Housebound orAid and Attendance benefitsMax MAPR – Max MAPR –No Dependents 1 Dependent 9,344 12,229You qualify for additional Housebound benefits 11,420 14,300You qualify for additional Aid and Attendance benefits 14,934 17,8156. How Much Of The MAPR Does VA Pay To An Individual?The VA takes the following steps to determine your monthly NSC Pensionpayment:1) VA determines the Maximum Annual Pension Rate (MAPR) for your situation, asset by Congress.2) Next, the VA determines your “countable income”. This is done by subtractingincome exclusions and certain expenses as provided by law from your totalannual income.3) VA then subtracts your countable income from the MAPR. This difference is youryearly pension entitlement.VA divides this amount by 12 and rounds to the nearest dollar. This is the amount ofyour monthly NSC pension payment. [6]7. What Is My Countable Income?The VA excludes certain income and deducts certain expenses from your annualhousehold income to calculate your countable income. This reduction of your annualincome will increase your monthly NSC pension payment.Federal law lists 23 income sources that are excluded from income. Veterans shouldmake sure that when applying for a NSC pension, all exclusions are applied and onlyincome not excluded is counted. Excluded income includes income tax refunds, needsbased welfare payments, relocation payments, home energy assistance, SNAPbenefits, crime victim compensation, cash surrender value of life insurance and agentorange settlement payments. [7]Allowable deductions from income include unreimbursed medical expenses that exceed5% of the MARP, such as premiums for healthcare, including Medicare Part B, andlong-term care insurance, educational expenses and expenses of last illnesses, burials,and just debts for the Veteran, spouse or child. [8]Pro Seniors, Inc.ProSeniors.orgPage 4 of 9

8. Calculating A VA NSC Pension Amount.Unreimbursed medical expenses that exceed 5% of the VA Maximum AnnualPension Rate (MAPR) can be deducted from income. So, for a surviving spouse whoseMAPR is 9,344, any unreimbursed medical expenses over 467 can be used to lowerher countable income and thus increase her monthly VA NSC Pension. [9]As an example: The MAPR for a surviving spouse with no dependents is 9,344 per year.The surviving spouse’s annual countable income is 12,000.After subtracting her unreimbursed medical expenses over 467 and otherdeductions, her countable income is reduced to 7,500 per year.The MAPR of 9,344 minus 7,500 of countable income equals 1,844 per yearof VA NSC Pension.The 1,844 yearly VA NSC Pension is divided by 12 months to determine themonthly amount.The surviving spouse receives a VA pension of 155 monthly in this example.9. Are There Extra Benefits Available To Add to the NSC Pension?Yes. There are two extra benefits, sometimes called “improved pensionbenefits”, that can be claimed along with this NSC pension. The two benefits are Aidand Attendance and Housebound Benefits. The Veteran's housebound benefit isusually less than the Aid and Attendance benefit and you can’t get both benefits at thesame time. [10]These improved pension benefits paid to a Veteran or surviving spouse who is in needof aid and attendance or is housebound, i.e., substantially confined to home orimmediate premises by reason of one or more permanent disabilities, are notconsidered income for SSI or Medicaid purposes. [11]10. How Do I Qualify For VA Aid And Attendance Benefits?If you receive a NSC VA Pension and you meet at least one of the requirementslisted below, you may be eligible for Aid and Attendance benefits.1) You need another person to help you perform daily activities, like bathing,feeding, and dressing, or2) You have to stay in bed—or spend a large portion of the day in bed—becauseof illness, orPro Seniors, Inc.ProSeniors.orgPage 5 of 9

3) You are a patient in a nursing home due to the loss of mental or physicalabilities related to a disability, or4) Your eyesight is limited (even with glasses or contact lenses you have only5/200 or less in both eyes; or concentric contraction of the visual field to 5degrees or less).NSC Pensioners who receive home care or assisted living, as an alternative to nursingfacility institutionalization, should also apply for this benefit. [12]11. If I Disagree With A VA Decision Regarding My Benefits, What Appeal RightsDo I Have?Every claimant has the right to written notice of all decisions made on his or herclaim and the right to a hearing on any adverse action that may have been taken. If theinitial administrative decision is unfavorable, the Veteran has the right to appeal thisdecision to the Board of Veterans' Appeals (BVA) within one year. If the decision of theBVA is adverse, then this decision may be appealed to the Court of Veterans' Appealswithin 120 days. The claimant may seek relief from a decision of the Court of Veterans’Appeals by appealing to the U.S. Federal Circuit Court of Appeals. [13] Copyright 2021Pro Seniors’ Legal Helpline for Older Ohioans provides free legal information andadvice by toll-free telephone to all residents of Ohio age 60 or older. If you havea concern that cannot be resolved over the phone, then the Helpline will try tomatch you with an attorney who will handle your problem at a fee you can afford.In southwest Ohio, Pro Seniors’ staff attorneys and long-term care ombudsmenhandle matters that private attorneys do not, such as nursing facility, adult carefacility, home care, Medicare, Medicaid, Social Security, protective services,insurance and landlord/tenant problems.This pamphlet provides general information and not legal advice. The law iscomplex and changes frequently. Before you apply this information to a particularsituation, call Pro Seniors’ free Legal Helpline or consult an attorney in elder law.Pro Seniors, Inc.ProSeniors.orgPage 6 of 9